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(1) |
Reaffirms the view it has always held that the people of
Gibraltar have and are entitled to exercise the inalienable right to
self-determination as provided for by the Charter and Resolutions of
the United Nations and that this is not affected by the Treaty of
Utrecht. |
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(2)
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Notes that the United Kingdom now holds the view that the
right of the Gibraltarians to self-determination is constrained or
curtailed by the provisions of the Treaty of Utrecht even though in
1964 the British representative at the United Nations told the
United Nations that his Government "does not accept that there is
any commitment under the Treaty of Utrecht binding us to refrain
from applying the principle of self determination to the people of
Gibraltar, ... And completely rejects the attempts by the
Government of Spain to establish that there is any conflict between
the exercise of self determination by the people of Gibraltar and
the provisions of the Treaty of Utrecht."
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(3)
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Notes that the Kingdom of Spain holds the view that the
provisions of the Treaty of Utrecht deprive Gibraltarians of
the right to self-determination,
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(4)
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Whilst totally confident of the correctness of the position
that it has always maintained and of the position articulated by the
UK at the United Nations in 1964 considers that all sides must
benefit, regardless of their political positions, from clarification
of applicable international legal principles.
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(5)
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Notes and welcomes the fact that the Government of Gibraltar
has sought a further legal opinion on these and related questions
from an international law expert and that the final opinion is
expected shortly.
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(6)
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Notes that this and the previous Government have requested
the UN itself to refer these questions to the International Court of
Justice for an advisory opinion.
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(7)
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Notes with regret that only the parties to an international
treaty and the United Nations itself can seek such an advisory
opinion on the validity, meaning and effect of a treaty provision
and that it therefore appears that the Gibraltar Government itself
lacks the legal right and standing to petition the court,
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(8)
| Therefore calls on Her Majesty's Government and the UN or
either of them to refer to the International Court of Justice for an
advisory opinion, the question whether the Treaty of Utrecht now
restrains or curtails the rights to self determination of the people
of Gibraltar.
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